Almost four years after Berkeley first informed the Forty Acres Medical Marijuana Growers’ Collective that it was operating illegally in its San Pablo Avenue location, the Berkeley City Council will consider declaring it a public nuisance tonight.

The city of Berkeley on Thursday dismissed the official who was overseeing the nuisance abatement appeal by the Forty Acres medical cannabis collective after he made “insensitive” remarks concerning race during the hearing.

The lawyers for Chris Smith, the owner of Forty Acres Medical Marijuana Grower’s Collective, will ask an Alameda County judge Friday to force the city of Berkeley to hold a public hearing on Smith’s appeal of the declaration that his collective is a public nuisance.